Art. 3 Monitoring actions | Conduct of certain Commission proceedings | DSA

This article governs the practical mechanics of the Commission's monitoring powers over providers of very large online platforms and very large online search engines, building directly on Article 72 of Regulation (EU) 2022/2065.

It covers two broad areas: the obligations on providers when ordered to grant the Commission access to their databases and algorithmic systems, and the standards the Commission must apply when appointing external experts or auditors to assist with compliance monitoring.

On the access side, providers must comply in a timely and effective manner and through whatever technical means or interfaces the Commission specifies.

On the expert appointment side, the Commission bears responsibility for ensuring those experts and auditors are both independent from the provider and possess proven expertise or technical competence in the relevant matter.

Important points:

Providers of very large online platforms and very large online search engines must grant the Commission access to databases and algorithmic systems in a timely and effective manner, using the technical means or interfaces the Commission specifies.
The Commission must ensure that any external experts or auditors it appoints are independent from the provider concerned, taking into account shared ownership, governance, management, personnel, resources, or contractual relationships over the 24 months prior to the procedure.
The Commission defines the terms of any document retention obligation it imposes, including the period and scope, and may prolong that period where necessary.

1. Where the Commission orders a provider of very large online platforms or of very large online search engine to grant it access to that provider’s databases or algorithmic systems pursuant to Article 72(1) of Regulation (EU) 2022/2065, the Commission may specify the technical means or the interfaces through which providers of very large online platforms or of very large online search engines shall provide such access.
1. Providers of very large online platforms or of very large online search engine ordered to provide access pursuant to Article 72(1) of Regulation (EU) 2022/2065 shall do so in a timely and effective manner, enabling the Commission to access all information in the databases concerned and all information in relation to the algorithm concerned which are necessary for the assessment of the implementation of and compliance by the provider concerned with Regulation (EU) 2022/2065.
1. Providers of very large online platforms or of very large online search engine ordered to provide access pursuant to Article 72(1) of Regulation (EU) 2022/2065 shall comply with the requirements laid down in Article 7 of this Regulation.
1. Where the Commission imposes an obligation on a provider of very large online platforms or of very large online search engine to retain all documents necessary to assess the implementation of and compliance with Regulation (EU) 2022/2065 pursuant to Article 72(1) of that regulation, the Commission shall define the terms of retention, including the period and scope of documents to be retained for which the obligation applies. That period may be prolonged, where necessary, to assess the implementation of and compliance with Regulation (EU) 2022/2065.
1. Where the Commission appoints external experts or auditors to assist it in monitoring the effective implementation of and compliance with Regulation (EU) 2022/2065 by providers of very large online platforms and of very large online search engines pursuant to Article 72(2) of that regulation, the Commission shall ensure that those experts and auditors are independent from the provider concerned and that they have proven expertise and knowledge in the matter on which they assist the Commission.
1. To ensure independence in accordance with paragraph 5, the Commission, when appointing experts or auditors pursuant to that paragraph, shall take into account the existence of shared ownership, governance, management, personnel, or resources of the external experts or auditors concerned and the existence of contractual relationships with the provider of very large online platform or of very large online search engine concerned over the 24 months prior to procedure carried out by the Commission. The appointed expert or auditor shall remain independent throughout the period of appointment.
1. To ensure that the experts and auditors possess the necessary expertise and knowledge in accordance with paragraph 5, the Commission, when appointing an expert or an auditor pursuant to that paragraph, shall take into account the expert’s proven expertise in the matter on which they assist the Commission or the auditor’s proven technical competence to perform audits on the matter on which they assist the Commission.